85R20312 MM-F
 
  By: White H.B. No. 2904
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the memorandum of understanding among certain agencies
  to coordinate services provided to persons needing multiagency
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.055, Government Code, is amended by
  amending Subsections (a), (b), and (e) and adding Subsection (f) to
  read as follows:
         (a)  The Health and Human Services Commission, the
  Department of Family and Protective Services, the Department of
  State Health Services, the Texas Education Agency [Each health and
  human services agency], the Texas Correctional Office on Offenders
  with Medical or Mental Impairments, the Texas Department of
  Criminal Justice, the Texas Department of Housing and Community
  Affairs, the Texas Workforce Commission, and the Texas Juvenile
  Justice Department shall enter into a joint memorandum of
  understanding to promote a system of local-level interagency
  staffing groups to identify and coordinate services for persons
  needing multiagency services to be provided in the least
  restrictive setting appropriate, using residential, institutional,
  or congregate care settings only as a last resort.  The division
  within the Health and Human Services Commission that coordinates
  the policy and delivery of mental health services shall oversee the
  development and implementation of the joint memorandum of
  understanding.
         (b)  The memorandum must:
               (1)  clarify the statutory responsibilities of each
  agency in relation to persons needing multiagency services,
  including subcategories for different services such as:
                     (A)  [prevention,] family preservation and
  strengthening;
                     (B)  physical and behavioral health care;
                     (C)  prevention and early intervention services,
  including services designed to prevent:
                           (i)  child abuse;
                           (ii)  neglect; or
                           (iii)  delinquency, truancy, or school
  dropout;
                     (D)  diversion from juvenile or criminal justice
  involvement;
                     (E)  housing;
                     (F)  [,] aging in place;
                     (G)  [,] emergency shelter;
                     (H)  [, diagnosis and evaluation,] residential
  care;
                     (I)  [,] after-care;
                     (J)  [,] information and referral;[, medical
  care,] and
                     (K)  investigation services;
               (2)  include a functional definition of "persons
  needing multiagency services";
               (3)  outline membership, officers, and necessary
  standing committees of local-level interagency staffing groups;
               (4)  define procedures aimed at eliminating
  duplication of services relating to assessment and diagnosis,
  treatment, residential placement and care, and case management of
  persons needing multiagency services;
               (5)  define procedures for addressing disputes between
  the agencies that relate to the agencies' areas of service
  responsibilities;
               (6)  provide that each local-level interagency
  staffing group includes:
                     (A)  a local representative of each agency;
                     (B)  representatives of local private sector
  agencies; and
                     (C)  family members or caregivers of persons
  needing multiagency services or other current or previous consumers
  of multiagency services acting as general consumer advocates;
               (7)  provide that the local representative of each
  agency has authority to contribute agency resources to solving
  problems identified by the local-level interagency staffing group;
               (8)  provide that if a person's needs exceed the
  resources of an agency, the agency may, with the consent of the
  person's legal guardian, if applicable, submit a referral on behalf
  of the person to the local-level interagency staffing group for
  consideration;
               (9)  provide that a local-level interagency staffing
  group may be called together by a representative of any member
  agency;
               (10)  provide that an agency representative may be
  excused from attending a meeting if the staffing group determines
  that the age or needs of the person to be considered are clearly not
  within the agency's service responsibilities, provided that each
  agency representative is encouraged to attend all meetings to
  contribute to the collective ability of the staffing group to solve
  a person's need for multiagency services;
               (11)  define the relationship between state-level
  interagency staffing groups and local-level interagency staffing
  groups in a manner that defines, supports, and maintains local
  autonomy;
               (12)  provide that records that are used or developed
  by a local-level interagency staffing group or its members that
  relate to a particular person are confidential and may not be
  released to any other person or agency except as provided by this
  section or by other law; and
               (13)  provide a procedure that permits the agencies to
  share confidential information while preserving the confidential
  nature of the information.
         (e)  The agencies shall ensure that a state-level
  interagency staffing group provides:
               (1)  information and guidance to local-level
  interagency staffing groups regarding:
                     (A)  the availability of programs and resources in
  the community; and
                     (B)  best practices for addressing the needs of
  persons with complex needs in the least restrictive setting
  appropriate; and
               (2)  a biennial report to the administrative head of
  each agency, the legislature, and the governor that includes:
                     (A) [(1)]  the number of persons served through
  the local-level interagency staffing groups and the outcomes of the
  services provided;
                     (B) [(2)]  a description of any barriers
  identified to the state's ability to provide effective services to
  persons needing multiagency services; and
                     (C) [(3)]  any other information relevant to
  improving the delivery of services to persons needing multiagency
  services.
         (f)  In this section, "least restrictive setting" means a
  service setting for a person that, in comparison to other available
  service settings:
               (1)  is most able to meet the identified needs of the
  person;
               (2)  prioritizes a home and community-based care
  setting; and
               (3)  engages the strengths of the family.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, but not later than December 1, 2017, the Health and
  Human Services Commission, the Department of Family and Protective
  Services, the Department of State Health Services, the Texas
  Education Agency, the Texas Correctional Office on Offenders with
  Medical or Mental Impairments, the Texas Department of Criminal
  Justice, the Texas Department of Housing and Community Affairs, the
  Texas Workforce Commission, and the Texas Juvenile Justice
  Department shall update the joint memorandum of understanding
  required under Section 531.055, Government Code, as amended by this
  Act.
         SECTION 3.  This Act takes effect September 1, 2017.